Tennessee Injury Lawyer Blog
When an employee causes an injury to another person while acting within the scope of his or her employment, many times an employer can also be held liable for such injuries under the idea of vicarious liability. Thus, when a bus driver is in an accident while performing the duties of his job, a bus company, or the employer who hired the driver, may also be responsible for the driver’s negligent actions because they occurred on the job. At the same time, employers may be directly responsible for injuries caused by an employee when they fail to correctly train an employee, or are negligent in their hiring of the employee and overlook red flags that should have been addressed. A recent case in the Tennessee Court of Appeals addresses a novel question before the Tennessee courts: can employers be both vicariously liable for injuries caused by their employees and directly liable for those injuries as well? Jones v. Windham et al. suggests that they can.
Government Liability in Tennessee for Automobile Accidents Involving Police Officers
As discussed on this blog, private individuals are frequently the subject of negligence and wrongful death lawsuits for automobile accidents that resulted in injuries to others or lost lives. But it is not always private individuals or private automobiles that are the cause of deadly car crashes. In many instances, employees may be driving company cars when they suddenly run a red light, or a government official may be using a government vehicle that becomes part of an accident scene. In these situations, liability can become more complicated and extend beyond the driver to the corporation or government agency that was “controlling” the driver or the car at the time of the accident. A recent case in the Court of Appeals of Tennessee considers what happens when government employees and their vehicles are involved in life-changing accidents.
Premises Liability for Landlords in Tennessee – Defect at Time of Lease
It is a basic premise of liability that landlords may be liable for known dangerous conditions that exist on their property and that harm tenants or guests. However, this liability is not unlimited, and landlords cannot be exposed to overly broad and endless requests for payments and reimbursements for injuries incurred. Instead, Tennessee law limits liability so that landlords may only be held liable for those conditions that they have truly negligently failed to address. A recent case in the Court of Appeals of Tennessee illustrates how not all injuries and falls that occur on rented properties are ultimately the responsibility of the landlord.
In Fuller v. Banks, et al., Ms. Fuller, an 84-year-old tenant, sued her landlord for injuries she incurred after she fell while walking up the steps outside her apartment. Ms. Fuller was ascending the steps when a post that held the guardrail up gave way, causing Ms. Fuller to fall backward and break her arm. According to Ms. Fuller, bricks that formed the foundation holding the post also came loose and fell around her. However, when the landlord, Mr. Banks, called a repairman to address the issue, he did not see any loose bricks. Instead, it appeared to him that the post had come loose after being hit by a vehicle. Ms. Fuller filed a personal injury and premises liability lawsuit shortly thereafter, alleging that Mr. Banks had been negligent in failing to maintain the guardrail and had failed to conduct reasonable inspections of the guardrail. In response, Mr. Banks alleged that the guardrail had not been damaged at the time the lease was signed and that Ms. Fuller had successfully ascended and descended the steps on many occasions without issue. Had there been any signs that the guardrail was faulty and needed to be repaired, Ms. Fuller had failed to notify Mr. Banks of this fact, and he could not otherwise have known about the issue.
Tennessee in Limbo Over Updates to Child Safety Seat Requirements
In an effort to reduce driving fatalities in Tennessee, lawmakers have long advocated for seat belt laws and requirements for adult drivers and passengers. For younger passengers, however, seat belt laws often are not enough. Babies, toddlers, and even young children do not receive the same protection from seat belts that adults do, and need additional measures to ensure their safety while in a vehicle. For this reason, many states have additional safety seat requirements for children of a younger age.
The science on necessary safety seat requirements has changed over the years, as our understandings over how to best protect children progress. For instance, forward facing and rear facing child seats have both been used at different times and for different ages. Recently, the Tennessee legislature considered whether new information on safety seats warranted increasing the age at which children are no longer required to sit in safety seats, from eight to twelve years of age.
Tennessee Courts Limit Liability for Property Owners With Minimal Control Over Day To Day Activities
Premise liability is a common issue of concern for many property owners. By allowing tenants, guests, or customers onto one’s property, property owners inherently take on a degree of liability for injuries or accidents that may befall these third parties. However, the doctrine of premise liability must have limits – property owners cannot be held legally responsible for every bad act that might occur, especially when such incidents happen to be unpredictable. This is particularly true in the case of landlords or property owners who may not be physically present on the property and have entrusted much of its care and use to tenants or other parties. A recent case in the Tennessee Court of Appeals considered whether tort actions could be maintained against property owners who had only minimal control over the actions leading up to the tort claims.
In Choate v. Vanderbilt University, an ex-wife brought a wrongful death claim against several parties in relation to the death of her former husband. Mr. Cox was a patient receiving dialysis treatments for end-stage renal disease at the Vanderbilt Dialysis Clinic. Although Vanderbilt technically owned the property where the clinic was located, a separate company, Bio-Medical Applications of Tennessee, Inc, operated the clinic and it was Bio-Medical employees who assisted Mr. Cox when he visited. While at the clinic in June 2009, Mr. Cox was set to have his weight taken with the assistance of Bio-Medical employees. Mr. Cox was in a wheelchair due to an amputated leg and had been instructed to seek employee assistance while moving around the clinic. After going to the bathroom, Mr. Cox proceeded to the scale to weight himself without notifying employees of his need for help. While attempting to get on the scale, Mr. Cox fell backward and suffered severe head injuries. Despite surgery, he remained unresponsive and died several weeks later.
Tennessee Accident Tips
If you or someone you know has been hurt in an accident you know how devastating this can be. Injuries that are a result of an accident can be debilitating physically or cause a great deal of emotional stress. There are also financial obligations that can result if you have to seek medical attention or are not able to work. Eric Beasley, the premier Nashville Accident lawyer can help.
Often times accidents are the results of another party not acting responsibly. If your accident involved another who was acting unreasonable they may be negligent. A Nashville Accident lawyer can file a personal injury claim for you to make sure you are compensated for your suffering and loss. Serious injuries most often happen as a result of these accidents:
- Car
How to File a Motorcycle Accident Claim in Tennessee
Riding a motorcycle is a thrilling and relaxing experience. Tennessee’s scenic views are breathtaking. The problem occurs when other drivers fail to use the proper driving protocol to ensure your safety while sharing the road. A careless lane change or improper signal use at an intersection may result in a serious accident. After being injured, reaching out to a motorcycle accident lawyer may help you in filing a claim or a lawsuit.
Steps for a Motorcycle Claim
With any type of accident, your health is the main priority. Seeking out medical care should be the first step for severe injuries, followed by gathering the necessary information to file a claim.
The Complexities of Bringing Personal Injury Claims Against International Corporations in Tennessee
If you are injured by a faulty product or service offered by a corporation, you may be able to bring personal injury claims or product liability claims in Tennessee for the harm that you experience. When a corporation or company is local, this can be as simple as filing a complaint in your local state court. If a company is national, with offices across the country, you may be required to work a bit harder and file a claim in federal court. But what if the corporation that makes a product is international? A recent case in the Sixth Circuit Court of Appeals, a federal court with appellate jurisdiction over federal claims in Tennessee, recently considered whether a plaintiff could bring negligence claims against a manufacturer based in Argentina that raised the Foreign Sovereign Immunities Act as a defense against a lawsuit.
In Rote v. Direccion General de Fabricaciones Miltares, Mr. Rote was injured after loading a gun with defective ammunition that exploded before the gun was in a secure position. The ammunition was manufactured by Direccion General de Fabricaciones Miltares (DGFM), an Argentinian corporation. Mr. Rote’s hand was severely harmed in the accident.
Mr. Rote filed a lawsuit in federal court, asserting personal injury and product liability claims against DGFM. DGFM moved to dismiss, arguing that since it was an instrumentality of Argentina, it was immune from suit under the Foreign Sovereign Immunities Act (FSIA). The district court denied the motion, and DGFM appealed.
Am I Eligible to File a Personal Injury Claim?
Personal injuries can be a traumatic experience both physically and emotionally. An injury due to another person’s negligence may leave you feeling distraught. In severe cases, the personal injuries may lead to the loss of a loved one. If you feel another person or entity is at fault, contacting a personal injury lawyer Tennessee should be your next step. An experienced lawyer will be able to determine if you are eligible to file a personal injury claim.
Types of Personal Injury Claims
The personal injury lawyer Tennessee will act as your personal advocate by protecting your legal rights. Allowing you time to focus on the healing process or grieve for your loss. Personal injury claims may be filed for a variety of reasons.
How to Find a Qualified Attorney After a Truck Accident
According to the Federal Motor Carrier Safety Administration (FMCSA), large trucks travel approximately 275 billion miles across America’s roadways each year. In recent years there has been a major focus on the safety regulations involving large truck operation throughout the United States, but unfortunately an estimated 385,000 large truck accidents still occur each year, and approximately 4,000 of those result in fatality.
Large truck accidents are different than other types of motor vehicle accidents. They often result in significantly higher levels of property damage, frequently involve multiple severe injuries, and are more likely to result in death than accidents involving smaller passenger vehicles. In addition, when you become the victim of an accident involving a large truck, the odds are against you before you even get out of your vehicle. Trucking companies often have decades of experience in dealing with accident claims similar to yours, and chances are their risk management department will already be working on ways to either deny your claim or minimize the payout you could receive. They frequently even have attorneys on standby- just waiting to fight against you. The bottom line is: if you or a loved one has been involved in a large truck accident in the “volunteer state”, you are almost certainly going to need a Tennessee truck accident lawyer.
Finding the Right Tennessee Truck Accident Lawyer